Neighbor’s Dog Barking? A Comprehensive Guide to Obtaining Compensation

Even a charming dog’s barking can constitute a significant noise nuisance. Persistent barking disrupts daily routines and prevents comfortable living.

Owners sometimes confine their dogs to outdoor areas (balconies or yards), and a distressed dog will bark excessively. While the owner may be unconcerned, neighbors often are not.

Legally, a dog’s barking or inadequate care constitutes a noise nuisance, creating grounds for a tort claim. This seemingly simple statement raises several questions:

How loud must the barking be to violate the law? Does the law address only barking or other related dog behaviors? What constitutes sufficient proof of excessive barking? What remedies are available from the court? This article provides answers.

Dog Barking – What Does the Law Stipulate?

Legislation addresses dog barking through various enactments creating a comprehensive framework. The foundational legal and social norm, established in the 1960s, is enshrined in the Prevention of Nuisances Law.

The law’s initial provision addresses noise nuisance: “No person shall cause loud or unreasonable noise from any source whatsoever if it disturbs or is likely to disturb a person nearby or passersby.”

Section 13 establishes that violating these provisions constitutes a tortious act termed “private nuisance” (Section 44(a) of the Torts Ordinance).

Private nuisance occurs when an individual’s actions, business operations, or property use unreasonably interfere with another’s reasonable property use.

If another party suffers damage (monetary or non-monetary) from this unreasonable use, they may receive compensation.

Regulations further specify pet ownership. Section 13 of the Regulations for the Prevention of Nuisances (Noise Prevention), 5753-1992 states:

A person keeping animals at home, on their property, or in their yard shall keep them in a manner that does not cause loud noise disturbing neighbors.

Note that violating these laws or regulations may also constitute a criminal offense, punishable by imprisonment and/or a fine of tens of thousands of NIS.

What Constitutes “Loud Noise” from Dog Barking?

The law specifies the noise intensity and duration required to constitute a nuisance. An exception applies to animal noise. The legislature recognized the difficulty of defining disturbing animal noise and thus stipulated:

“Loud noise disturbing neighbors.” While typical noise nuisance requires measurable evidence (expert opinion), this is not the case with dogs.

A court can determine “loud noise,” even without measurement. This is well-summarized in a criminal complaint filed by five individuals against their neighbor in Haifa’s Peace Court (Case No. 1006/05 Morg v. David, 2007):

[..] A person’s hearing and sensitivity to noise is subjective. Some have negligible sensitivity, such as those with various degrees of hearing impairment. Hearing levels vary, as does noise sensitivity, which requires no proof. […] Given the limitations arising from the human variation in noise perception, the legislature and sub-legislature established objective measurement tools and methods using instruments to measure noise and set a noise threshold as an objective criterion for the legal prohibition. However, I accept the legal argument that loud animal noise can be proven legally by other means.

How to Prove Nuisance from Excessive Dog Barking?

There’s no fixed evidentiary standard for proving dog barking nuisance. However, case law shows courts tend to uphold claims based on the following:

• Proximity. If the dog’s residence is far from the complainant’s and loud barking is audible on recording, it’s easy to establish a significant disturbance. Conversely, in close proximity, even a small dog’s barking may be a nuisance due to audibility.
• Residential Setting. Rural and urban environments differ. Those living in noisy urban areas have lower noise expectations. Dog barking may be less noticeable amidst surrounding city noise. In contrast, even relatively quiet barking may be more dominant and audible in rural settings.
• Number of Animals. It is less likely that someone living on a farm with poultry or livestock will complain about animal noise, even of animals not directly part of the farm. This is similar to moving to a neighborhood known for many dogs (like many areas in Florentine, Tel Aviv).
• Dog’s Location (e.g., balcony or yard). Outdoor dogs are more likely to disturb neighbors. However, indoor dogs in close proximity may also cause significant noise.
• Dog’s Care. Unsupervised dogs are more likely to become distressed and bark. Even if not distressed, without an owner to quiet the dog, excessive barking is more probable. If it’s proven the owner is absent for long periods, they’ll struggle to refute claims of excessive barking since they weren’t present to observe the dog’s behavior.
• Time of Barking. Daytime barking differs from nighttime barking. A complainant working away from home might not be affected by daytime barking. Nighttime barking not only disturbs comfort but also potentially disrupts sleep, impacting the following day’s productivity and activities.
• Duration of Barking. Continuous barking for an hour differs significantly from prolonged barking. Duration is considered in conjunction with the time of barking. An hour of daytime barking is not equivalent to an hour of nighttime barking.
• Additional Complaints. Multiple neighbor complaints corroborate the disturbance, suggesting it’s not a subjective issue.

Courts haven’t mandated proving all these factors, but case law and common sense indicate they strengthen a complainant’s case significantly.

The Dog Belongs to a Tenant. Whom Do You Sue?

The law refers to the “keeper” of the dog. This is typically the tenant, who is usually the appropriate defendant.

Filing a Lawsuit for Dog Barking

These cases usually involve small claims, best pursued in Small Claims Court. As of January 2024, the maximum claim is 38,900 NIS.

This applies unless the defendant has a special relationship with the plaintiff (family or work). For example, suing an ex-spouse requires Family Court.

Court Rulings

Case law shows these cases require substantial evidence and detailed factual descriptions.

Unlike objectively measurable noise nuisances, dog barking is subjective.

Court decisions show a range of remedies: removing dogs from their owners; restricting the dog’s outdoor access and time; mandatory dog training; and more.

Courts primarily award damages for emotional distress and sometimes for quantifiable material losses. For instance, if all-night barking prevents sleep, resulting in a missed work day, compensation may cover lost wages.